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HomeMy WebLinkAbout04-16-91 '--' MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD APRIL 16, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Dabbs in the commission chambers. Commissioner Foster led in prayer and Mayor Dabbs led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Director of Administrative Services Beamer, Public Works Director Brenner, Planning Director Behrens, and Acting City Clerk Green. PRESENTATIONS AND PROCLAMATIONS Mayor Dabbs proclaimed May 1, 1991 as "Law Day U.S.A." 1n the City of Ocoee. West Orange Chamber of Commerce Promotional Folder Mr. Bud Brunker, Customer Relations Manager for United Telephone of Florida, spoke on behalf of the West Orange Chamber. He distributed Promotional Folders depicting the Apopka area to the ~ Commissioners as a sample of the Promotional Folder which the Economic Development Council is working to develop and publish to promote the West Orange area. The folder would depict the quality of life and demographics for the area. Mr. Brunker explained that approximately 10,000 copies could be prepared at a cost of $4,999.00 (not including tax, design, and artwork.) He requested $2,000.00 from the City to help fund the brochure. Winter Garden has agreed to contribute $2,000.00 and Oakland and Windermere will be asked to contribute lesser amounts. City Manager Shapiro said that, subject to approval of the mid-year budget, approximately $31,000.00 would remain in the contingency fund. Commissioner Foster, seconded by Commissioner Combs, moved to award the Chamber of Commerce $2,000.00 for the Economic Development Council brochure. Motion was unanimously approved. Girl Scouts Request Donation Ms. Casandra Smith, 230 10th Avenue, Ocoee, asked for an $800.00 donation for the West Orange District of the Girl Scouts. $400.00 would be used for scholarships for girls who would be unable to afford Girl Scouting without assistance, and $400.00 would be used toward equipment and a Camperee to be held on April 26-28, 1991. Mr. Shapiro commented that the funds would need to corne from contingency. Commissioner Woodson, seconded by Mayor Dabbs, moved to donate $800.00 to the Girl Scouts. Motion was unanimously approved. '-' '-' Page 2 Ocoee City Commission Regular Meeting April 16, 1991 '-' CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, and G. ~ Approval and Acceptance of Commission Reqular Meeting Minutes of March 1..2..t.. 1991 ~ Approval and Appointment of Commissioner Paul Foster to Replace Mayor Dabbs as Voting Member to East Central Florida Regional Planninq Council ~ Approval and Authorization to Execute Florida Power Corporation Electric Service Aqreement = South Water Plant ~ Approval and Authorization to Execute Clark Road Proiect/Non- Exclusive Temporary Drainage Easement Agreement from Lake Lotta, Ltd. ~ Approval and Authorization to Execute Non-Exclusive Temporary Easement Aqreement/Clark Road Search Parcel Nos. 134 and 135/ Kenien, Ltd. ~ Approval and Authorization to Execute Good Homes Plaza Lift Station Easement Aqreement ~ Approval and Authorization to Execute Non-Exclusive Radial Easement Agreement/Champion Broadcasting/Clark Road Parcel No. 122 Commissioner Combs, seconded by Commissioner Foster, moved to approve the consent agenda as presented. The motion was unanimously approved. COMMENTS FROM CITIZENS/PUBLIC None. PUBLIC HEARINGS (CONTINUED FROM 2/19/91) Development Agreement with Silvestri Investments of Florida, Inc. (Prairie Lake) Attorney Rosenthal advised that an insertion needed to be made on page six of the proposed development agreement and a scrivener's error should be corrected in Exhibit B of the document. In Section 3 (B) (v) on page six, the engineering fees expended by the developer for which they are receiving transportration impact fee credits should be ~151,947.23 through April ~ 1991. In Exhibit B, the legal description of R-1-A parcel should read "SE 1/4 of the NE 1.L.!". In his April 12, 1991, memorandum Mr. Rosenthal had highlighted 14 aspects of the proposed agreement. He corrected item number 5 with regard to Hackney-Prairie Road from "the Developer would donate to the City a 100 foot right-of- way . ." to ". .. a 60 foot right-of-way with a 40 foot wide temporary construction easement and permanent utility easement (20 feet on each side of the road)." He also stressed item number 11 as the first time that the City had dealt with transportation '-' Page 3 Ocoee City Commission Regular Meeting ~ April 16, 1991 concurrency in a development agreement. Mayor Dabbs pointed out an editorial error on page 18 of the development agreement. Mr. Rosenthal distributed an April 16, 1991 memorandum which provided roadway cost estimates prepared by Harling, Locklin, the Developer's consulting engineer on the project. City Manager Shapiro said fifteen months of complicated effort had been required to reach this development agreement. It had resulted in a better, less dense project, allowed the use of impact fee money to finish Hackney-Prairie Road, and was the best deal the City could get in order to construct Clark Road through the area. '- Mayor Dabbs opened the public hearing on the proposed development agreement for prairie Lake PUD. Scott Henderson, the planner for the project, said that he was pleased with the way the agreement had turned out, appreciated the time and efforts of staff on the project, and was available to answer questions. He introduced Warren Williams and Hugh Harling, attorney and engineer for the project respectively. R. P. Mohnacky, 1820 Prairie Lake Boulevard, expressed concern about Hackney-Prairie Road and asked when it will be open to Rich Drive. City Manager Shapiro explained that the County would not allow the building of Hackney- Prairie until Clark Road was under construction. He said we could now go to the County with this Development Agreement which specifies a time frame for the building of the road and the contracts for the remaining portion of Clark Road, and have optimism that they will now permit us to go ahead and build Hackney-Prairie Road. As there were no further comments the public hearing was closed. Commissioner Foster, seconded by Commissioner Combs, moved to approve the Development Agreement between the City and Silvestri Investments of Florida, Inc. with the corrections made in the record by the City Attorney subject to conforming to the conditions of approval attached as Exhibit C with final action taken at the next public hearing. The motion was unanimously approved. prairie Lake PUD Planning Director Behrens reviewed the background and purpose of the amendment to the Prairie Lake PUD land use plan. He stated for the record that the proposed amendment to the land use plan is consistent with the Ocoee Comprehensive Plan. He reported that the staff recommendation and that of the Planning and Zoning Commission to approve the Land Use Plan Amendment and Conditions of Approval was conditioned upon and made subject to the execution of a Development Agreement and that Agreement had just been '-' Page 4 Ocoee City Commission Regular Meeting ~ April 16, 1991 approved by the Commission. Attorney Rosenthal said Condition #27 should be deleted from the Land Use Plan as it been revised in the Development Agreement. that had Mayor Dabbs opened the public hearing. Scott Henderson, planner for the project, again stated that he would respond to questions. R. P. Mohnacky asked to see the Land Use Plan. He questioned the set-backs and asked if there were any compromises on the specs. City Manager Shapiro explained that the current PUD ordinance is not a compromise. The ordinance provides the master plan for the agreement between the Developer and the City. He explained the need for flexibility in requirements in order to provide affordable housing for all citizens. The public hearing was closed. ~ Mayor Dabbs, seconded by Commissioner Johnson, moved to approve the prairie Lakes PUD Land Use Plan Amendment dated, August 5, 1985, as revised through April 12, 1991, as prepared by Glatting, Lopez, Kercher & Anglin under Project No. 3492.01 with the deletion of Development Note #27 from the Land Use Plan and Conditions of Approval as revised through April 16, 1991, subject to execution of Development Agreement approved by the City Commission under the previous item and that the Mayor and City Clerk be authorized to sign and authenticate the aforementioned Land Use Plan Amendment and Conditions of Approval. The motion carried by unanimous vote. Second Reading and Public Hearing Ordinance No. 90-52: Case No.1-15 R-90:Silvestri Rezoning from PUD to R-1-A and C-1 Attorney Rosenthal read the proposed ordinance by title only. He pointed out that the original first reading was on October 31, 1990, and this is one of several continuations of the public hearing originally scheduled for November 21, 1990. Planning Director Behrens reviewed background discussion from the staff report. The Planning and Zoning Commission had considered the petition at a meeting held on October 10, 1990 and by a 3 to 3 vote, could not make a recommendation. Planning Department Staff has found the requested rezoning to be consistent with the Ocoee Comprehensive Plan, in compliance with all applicable requirements of the Ocoee City Code and in the best interests of the City, and recommends to the City Commission approval of the proposed rezoning ordinance. Attorney Rosenthal pointed out a scriveners error in Exhibit A to the ordinance. The legal description of R- I-A Parcel should read "the SE 1/4 of the NE 1.L!". Mr. Behrens ~ Page 5 Ocoee City Commission Regular Meeting '-- April 16, 1991 added that the petition had originally requested 180,000 square feet of commercial space, but that has been pared down to 120,000 square feet and is in keeping with the Orange County commercial neighborhood shopping district. Mayor Dabbs opened the public hearing. Again, Scott Henderson stated his willingness to answer questions. R. P. Mohnacky asked about the flood plain for the parcel and was assured by Mr. Shapiro that the City Engineer had studied the matter and found the effect to be negligible. Mr. Rosenthal advised that the development agreement has a specific provision that none of the approvals by the City are considered waivers of the storm water regulations of the City. Following additional discussion, the public hearing was closed. '-' commissioner Woodson, seconded by Commissioner Combs, moved to approve the petition in Case No. 1-15R-90:Silvestri, find the proposed rezoning to be consistent with the Ocoee Comprehensive Plan, and approve Ordinance No. 90-52 with the corrected legal description as stated by the City Attorney. On roll call Commissioner Combs voted "aye," Commissioner Foster voted "aye," Commissioner Johnson voted "aye," Commissioner Woodson voted "aye," and Mayor Dabbs voted "aye." Motion carried with a unanimous vote in favor. Warren Williams, attorney for Silvestri Investments of Florida, Inc., thanked Mr. Rosenthal, Mr. Shapiro, and Mr. Behrens and the balance of the staff for a pleasant experience in the preparation of the prairie Lake documents. RECESS: 8:30 p.m. - 8:45 p.m. (During recess, "Happy Birthday" was sung to Commissioner Combs and cake was served.) OTHER BUSINESS Capital Improvement Revenue Bonds, Series 1991 Resolution No. 91-07, providing for the repeal and replacement of Resolution 91-05 previously adopted by the City Commission on March 5, 1991; providing for the acquisition, design, construction, expansion, renovation, installation and equipping of the City of Ocoee's City Hall and Police Station; authorizing the issuance by the City of not exceeding $2,600,000 Capital Improvement Revenue Bonds to finance the cost of such project, fund Debt Service Reserve and pay the cost of issuance of such '-' '- Page 6 Ocoee City Commission Regular Meeting April 16, 1991 Bonds; covenanting to budget and appropriate certain funds for the payment of the Bonds and pledging all moneys on deposit to the credit of certain funds created hereunder and the earnings on the investment thereof to secure payment of the principal of and interest on the Bonds; making certain covenants and agreements for the benefit of the owners of the bonds; authorizing a negotiated sale of the Bonds; appointing the registrar and paying agent for the Bonds; and providing an effective date. City Manager Shapiro read the proposed resolution by title only. Dave Gatchell, of Foley and Lardner, as bond counsel for the issue, explained that the chief difference from repealed Resolution 91-05 to Resolution 91-07 was the inclusion of a reserve fund in order to get the best interest rate possible. He distributed black-lined copies of some pages of Resolution 91-07 and the bond form showing minor changes from the documents provided to the Commissioners in their packets. He said that he would be happy to answer any questions. '-' Attorney Rosenthal pointed out that we previously held the public hearing on March 5, 1991 which is required by the Charter and that public hearing allows us to proceed with the actions the Commission is taking tonight or the actions which under the Charter were approved at that particular public hearing and that is set forth on Page 36, Section 4.14, which says that this Resolution has been adopted pursuant to an advertised public hearing held on March 5, 1991 in accordance with and pursuant to the provisions of the Charter of the City of Ocoee. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Resolution No. 91-07 with the black line changes distributed by bond counsel. Commissioner Combs voted "aye," Commissioner Foster voted "aye," Commissioner Johnson voted "aye," commissioner Woodson voted "aye," and Mayor Dabbs voted "aye." Motion carried unanimously. Resolution No. 91-08, authorizing the negotiated sale of $2,580,000 City of Ocoee, Florida, Capital Improvement Revenue Bonds, Series 1991; awarding the sale thereof to William R. Hough & Co., subject to the terms and conditions of a purchase contract; authorizing the distribution of a Preliminary Official Statement and a Final Official Statement in connection with the delivery of the Bonds; authorizing the issuance of such Bonds; providing certain other matters in connection therewith; and providing an effective date. ~ '-' Page 7 Ocoee City Commission Regular Meeting April 16, 1991 City Manager Shapiro read Resolution No. 91-08 by title only. Dave Gatchell, bond counsel, distributed black-lined copies of Resolution No. 91-08 and explained that the blanks had been filled in and there were no further changes. This resolution sizes the issue at $2,580,000.00, awards the sale to William R. Hough and Company, and establishes the reserve fund in the amount $249,945.00. All the rest of the pertinent terms of the Resolution are contained in the purchase contract which is attached as an exhibit. Susan McGarry, Vice President of William R. Hough and Company, distributed black-lined copies of the Contract of Purchase and explained the blanks which had been filled in and minor editorial corrections. The aggregate purchase price of the bonds was $2,543,493 with the underwriter's discount of 1.415%. She said the sale had gone very, very well with loan bonds due in 2011 priced at 7.50. The total discount was $14.15. Subject to approval tonight, the closing will be held in St. Petersburg on April 30, 1991. ~ Attorney Rosenthal pointed out that this Resolution is adopted pursuant to an advertised public hearing held on March 5, 1991 in accordance with and pursuant to provisions of the Charter of the City of Ocoee. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Resolution No. 91-08 with the black-lined changes submitted by bond counsel and the underwriter. Upon roll call, Commissioner Combs voted "aye," Commissioner Foster voted "aye," Commissioner Johnson voted "aye," Commissioner Woodson voted "aye," and Mayor Dabbs voted "aye." The motion was unanimously approved. Mid-Year Budget Review Presentation by Director of Administrative Services Beamer/ City Manager Shapiro Mr. Shapiro said that the April 9, 1991 memorandum and the report from Ms. Beamer and the finance staff show clearly what has occurred and what needs to be done to amend the budget to one we could live with through the rest of the year, subject to any changes Commissioners would like to make. Director of Administrative Services Beamer directed the Commissioners attention the Mid-Year Budget Amendment, page 11, expense account number 001-41-541-0-0-4000 (travel expense for Parks, Parkways, '-' '- Page 8 Ocoee City Commission Regular Meeting April 16, 1991 Trees, and Drainage) - the negative in the far right column should be changed to positive and then the amended budget will be correct. First Reading Ordinance No. 91-03, relating to the City Budget; amending the City Budget adopted by Resolution No. 90-16 for the Fiscal Year beginning October 1, 1990 and ending September 30, 1991 by providing for reduction of appropriations, transfer of funds between and within departments and supplemental appropriations for debt service; providing for severability; providing an effective date. Second Reading and Public Hearing scheduled for May 7, 1991. City Manager Shapiro read the proposed ordinance by Mayor Dabbs said the second reading and public Ordinance No. 91-03 will be held on May 7, 1991. title only. hearing for '- First Readings of Ordinances. Second Readings and Public Hearings are scheduled for May 7, 1991. Ordinance No. 91-04, relating to Water and Sewers; creating a new Section 22-4.1 of Chapter 22 of the Code relating to Water and Sewer charges; providing for a lien on real property serviced by the City's Water and Sewer Facilities upon nonpayment of charges when due; providing for severability; providing an effective date. City Manager Shapiro read the proposed ordinance by title only. Mayor Dabbs said that the second reading and public hearing for Ordinance No. 91-04 will be held on May 7, 1991. Ordinance No. 91-05, amending Ordinance No. 90-03, the Police Impact Fee Ordinance;for amending Section 4 of Ordinance No. 90-03 to provide adjustment of the Police Impact Fee Schedule and an Alternative Impact Fee Calculation; amending Section 10 of Ordinance No. 90-03 to provide a time limit for expenditure or encumbrance of funds; adopting a new Section 7-1 of Ordinance No. 90-03 to provide for vested rights determinations; providing for severability; providing for an effective date. City Manager Shapiro read the proposed ordinance by title only. Mr. Shapiro and Director of Administrative Services Beamer explained why yearly review of the impact fee was required. Commissioner Johnson questioned the "Indianapolis plan" which allows police officers to take vehicles home. Mr. Shapiro explained that our policy is the "modified Indianapolis plan" which requires officers to live in the City in order to take their vehicles home. ....... ''-' Page 9 Ocoee City Commission Regular Meeting April 16, 1991 Mayor Dabbs said that the second reading and public hearing of Ordinance No. 91-05 will be held on May 7, 1991. BOARD APPOINTMENTS Board of Adjustment: Two Three-Year Terms Expire May 1991 (Mr. Bruce Beatty and Mr. Bob Colburn Are Willing to Continue) Commissioner Combs, seconded by Commissioner Johnson, moved to approve the reappointment of Bruce Beatty and Bob Colburn to the Board of Adjustment for three year terms to expire May, 1994. The motion was unanimously approved. Recreation Advisory Board: One Two-Year Term Expires May 1991 (Mr. Junior Wise Unable to Continue to Serve) An appointment for the Recreation Advisory Board was postponed to the May 7, 1991 meeting. '-' Discussion Regarding the Purchase of 2 Lots Adjacent to Ocoee Woman's Club from Mr. Ben Griffin City Manager Shapiro recommended that the City purchase the two lots next to the Ocoee Woman's Club on Lakewood Avenue from Ben Griffin, who is asking $30,000.00 for the two lots. The lots would be owned by the city and would insure continued parking space for the club activities. A payment schedule could be worked out with Mr. Griffin. Commissioner Johnson, seconded by Commissioner Combs, moved to direct the City Manager and the City Attorney to pursue with Mr. Griffin a purchase contract for the two lots adjacent to the Woman's Club. The motion was unanimously approved. STAFF REPORTS None. COMMENTS FROM COMMISSIONERS Commissioner Johnson 1. Mentioned a parking problem at Ed's Trucking business - it is being taken care of. 2. Commented that the parks are in excellent condition since the City took over parks maintenance. 3. Said the Rebel Soft Ball Garnes were very successful. 4. Said phone and cable companies are damaging grass on right-of- ways and are not corning back to fix it - wants the City to have control over this. ~ Commissioner Woodson 1. Thanked Dave (Gosnell) from Water Department for speedy '-' Page 10 Ocoee City Commission Regular Meeting April 16, 1991 resolution of problem with water lines on Veronica Place. 2. Thanked Ray Brenner and Darrel Dees for getting the trash bin moved from back of cemetery down to the front where it can be used, and said that the cemetery looks good. Commissioner Combs 1. Agreed that the parks are looking much better - mentioned 125 students who did an excellent job of park clean up. 2. Mentioned nursery on Ocoee-Apopka Road which has sprayers causing a highway hazard. He has spoken to Code Enforcement Officer Steve Ross about it. 3. Requested a master plan of the City Complex to be included in the RFP for the new City Hall. (It will be included on May 7th.) 4. Thanked everyone for the birthday cake and song. Commissioner Foster None. Mayor Dabbs 1. Asked about the latest status on the Stucki litigation. Mr. Rosenthal explained that we will be in mediation on the Stucki 1 ~ Inverse Condemnation Litigation in May. 2. Had received a letter from Jacob Stuart, executive director of United Arts of Central Florida, inviting Commissioners to attend a day of celebration on April 30th from 11:30 a.m. to 1:15 p.m. wants the City to be represented. 3. Recommended serious consideration of redistricting memo from the City Manager with information from Florida State University. 4. Mentioned letter to the City Manager from Mr. & Mrs. Glen Carlson who would be interested in the Withers-Maguire house if it should be considered for sale. 5. Noted that Spring Lake Elementary is located outside the corporate limits of the City. He had written to Donald Shaw, Executive Deputy Superintendent of Orange County Public Schools, to request his assistance in setting in motion the necessary paperwork to facilitate the annexation of the Spring Lake Elementary School site into the City. 6. Said that Donna Rickleman, assistant to Linda Chapin, wants to visit the City and meet Staff. ADJOURNMENT The meeting adjourned at 9:38 p.m. '-" 7n~~J~ Marian Green, Acting City APPROVED City of Ocoee Clerk~Yor Attest: